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(영문) 대전지방법원 2017.08.31 2016가합105675
서비스표권 침해금지 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

From around 2006 to Daejeon, the Plaintiff engaged in delivery agency business, Kwikset service business, etc. using Madern Vehicles from around 2006. From around 2013 to the date of Daejeon, the Plaintiff is an individual entrepreneur, who used the trade name “E,” and the Plaintiff’s trade “E” (hereinafter “Plaintiff-registered service mark”) as the service mark right indicated in attached Table 3 (hereinafter “Plaintiff-registered service mark”), and a person who used the Plaintiff’s trade name “E” (hereinafter “Plaintiff-registered service mark”).

From around 2014, Defendant B from around 2014, and Defendant D from around 2015 to the “E” of each Plaintiff’s business chain as a delivery engineer, and retired from office.

From August 26, 2015, Defendant B engaged in delivery agency business, etc. with the trade name “F”, and Defendant D retires from “E” and served as a delivery agent upon joining “F” around May 2016.

Defendant C entered Defendant B’s punishment and his own account in the name of “F” in the name of Defendant B.

The Plaintiff applied for the Plaintiff’s registered service mark G, and registered as H “H registration number I, designated service: online delivery brokerage, online order delivery service, product delivery service, food delivery, clothing delivery, Kwikset service brokerage, Kwikset service, futures delivery business, futures delivery agency, fireworks delivery business, product delivery business, and e-mail vehicle transportation business.”

Plaintiff

The registered service mark is a character in the shape of a Hphone and microphone as follows, and the Plaintiff has operated the service mark by using it in its place of business, delivery wheels car, etc.

Defendant D, among the employment information of J website “Abacheon Bureau” (www.albbas.co.kr), written job offer advertisements under the title “K” in the job offer advertisement column, and written the introduction of job offer advertisements as to working hours, salaries, work fields, work places, offba, expected revenues, etc. (hereinafter “job offer advertisements”).

Advertisements for job offers by Albacheon-gu.

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